BOARD DATE: 5 April 2012
DOCKET NUMBER: AR20110019450
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his birth month as "August vice April.
2. He states a typographical error occurred at the time the DD Form 214 was prepared.
3. He provides:
* His DD Form 214
* A copy of his passport
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. He enlisted in the Army on 18 September 1969. His DD Form 4 (Enlistment Contract Armed Forces of the United States) shows his birth month as "April."
3. His records contain other official documents which all show his birth month as "August."
* DD Form 369 (Armed Forces Police Record Check)
* DA Form 428 (Application for Identification Card)
* DA Form 873 (Certificate of Clearance and/or Security Determination)
4. On 21 March 1972, he was released from active duty. Item 9 (Date of Birth (DOB)) of his DD Form 214 shows his birth month as "April."
5. The applicant provided a copy of his passport. This document shows his birth month as "August."
DISCUSSION AND CONCLUSIONS:
1. His request to correct his DOB was carefully considered and was found to have merit.
2. The evidence of record shows an administrative error occurred at the time of his enlistment. His birth month was listed as April on the DD Form 4; however, all other official documents in his military record list "August" as his birth month.
3. It would now be appropriate to correct his DD Form 214 to show his correct birth month is August.
BOARD VOTE:
__x__ ___x_____ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 9 of his DD Form 214 by deleting the current entry and listing his DOB as it is listed on his DD Form 369, DA Form 428, and DA Form 873.
_______ _ x_______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20110019450
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ABCMR Record of Proceedings (cont) AR20110019450
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